Corporate Insolvency & The Companies Act 2014 - The Current Position

Introduction

This new full day course will examine recent developments in the areas of examinership and liquidation since the enactment of the Companies Act 2014, as well as considering the possible alternative corporate restructuring approaches.

The course will focus primarily on recent cases in each area and explore the developing judicial commentary and thinking regarding examinerships with an international element.

It will also consider the concept of ‘unfair prejudice’ and the impact that the personal insolvency process has had on the jurisprudence relating to corporate insolvency.

Finally, the course will also look at some practical measures for creditors seeking to realise the greatest possible outcome from a potentially insolvent company and how to maximise benefits while minimising exposure to unnecessary court processes.

What You Will Learn

This course will cover the following:

• The key steps in company survival through examinership - when it is appropriate and how to use it to save a viable business
• The role and function of the independent expert and examiner
• The increased prevalence of examinerships with an international element and the key considerations for insolvency practitioners
• Members' voluntary liquidation and the specific issues surrounding solvent liquidation
• SCARP - the small companies rescue process
• The powers of a creditor - how to use a liquidation to your benefit
• Civil and criminal implications of corporate insolvency
• Reckless trading, fraudulent trading and how to avoid them